Cecily Zamora
Former President Donald Trump is the only federal officer to have been impeached more than once. Trump's impeachment trials brought up several constitutional questions, including the relationship between impeachment and criminal law, the permissibility of trying a former official, and the applicability of the First Amendment to impeachment proceedings. The House of Representatives impeached Trump on two separate occasions, and the Senate tried him both times. The first trial ended in acquittal, while the second trial occurred after Trump had left office.
| Characteristics | Values |
|---|---|
| Number of times impeached | Twice |
| First impeachment | Before the expiration of his term |
| Second impeachment | 20 days after Trump's term in office expired |
| Senate vote on the constitutionality of the second impeachment trial | 55-45 |
| Impeachment process | Three-step procedure |
| First phase | Impeachment inquiry |
| Second phase | Impeachment by the House of Representatives |
| Third phase | Trial by the United States Senate |
| Chief Justice | Chief Justice of the United States Supreme Court presides over the trial of a president |
| High crimes and misdemeanors | Requires evidence of a criminal act or other legal violation |
| First Amendment argument | Trump's attorneys argued that his statements were protected by the First Amendment |
| Counterargument | The House managers disagreed, stating that impeachment does not seek to punish unlawful speech but to protect the nation from a President who violated his oath of office |
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What You'll Learn
- The permissibility of trying former officials
- The constitutional requirement for cases to be tried by the Senate
- The relationship between impeachment and criminal law
- The constitutionality of holding impeachment trials after a term in office has ended
- The constitutional definition of high crimes and misdemeanors
The permissibility of trying former officials
The Senate voted 55-45 to reject a motion asserting that the trial was unconstitutional. The Senate implicitly determined that the requirement for the Chief Justice to preside over presidential impeachment trials does not extend to the trial of a former president. The Constitution provides that any official convicted after an impeachment trial in the Senate is automatically removed from office, and it also gives the Senate the authority to disqualify the official from holding any future office. If the Senate could not hold a trial after an official left office, they could avoid disqualification from future office.
Some Senators identified the non-existence of a crime as an important factor in their vote, but they made clear their belief that a crime is not constitutionally required. The House managers and President Trump's attorneys reached different conclusions on whether high crimes and misdemeanors require evidence of a criminal act or other legal violation. The House asserted that high crimes and misdemeanors need not be indictable criminal offenses, while the President's attorneys asserted that an impeachable offense must be a violation of established law. Trump's attorneys also argued that his statements were protected by the First Amendment, constituting core free speech. The House disagreed, arguing that impeachment does not seek to punish unlawful speech but to protect the nation from a President who violated his oath of office and abused the public trust.
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The constitutional requirement for cases to be tried by the Senate
The impeachment of federal officials is a power granted to Congress by the United States Constitution. The House of Representatives has the sole power to impeach, while the Senate has the sole power to try impeachments. The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified such officials from holding public offices in the future. There is no appeal.
The impeachment process is typically a three-step procedure. The first phase is an impeachment inquiry, though this is not a required stage. The two stages constitutionally required for removal are impeachment by the House of Representatives and trial by the United States Senate. First, the House investigates through an impeachment inquiry. Second, the House of Representatives must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached". Third, the Senate tries the accused.
The proceedings take the form of a trial, with the Senate having the right to call witnesses and each side having the right to perform cross-examinations. The House members, who are given the collective title of managers during the trial, present the prosecution case, and the impeached official has the right to mount a defence with their own attorneys. Senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence. After hearing the charges, the Senate usually deliberates in private.
In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate's usual presiding officer, the president of the Senate, who is also the vice president of the United States.
The permissibility of trying a former official was a major issue in the second impeachment trial of Donald Trump, which commenced twenty days after Trump's term in office expired, although Trump's impeachment itself occurred while he was president. By a 55–45 vote, the Senate rejected a motion asserting that the trial was unconstitutional. The trial was presided over by president pro tempore Patrick Leahy.
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The relationship between impeachment and criminal law
During the impeachment trial of President Donald Trump, a constitutional conflict arose regarding the relationship between impeachment and criminal law. The House managers asserted that "high Crimes and Misdemeanors" did not need to be indictable criminal offences, while President Trump's attorneys argued that an impeachable offence must be a violation of established law. This debate highlighted the differing interpretations of the constitutional requirements for impeachment.
The permissibility of trying a former official was also a significant issue in Trump's second impeachment trial, which commenced after his term in office expired. The Senate voted 55-45 to reject the motion that the trial was unconstitutional, setting a precedent for the impeachment of former officials.
Impeachment proceedings are remedial rather than punitive in nature, and a party may still be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. The conviction in an impeachment trial is not considered a punishment, and the President cannot grant a pardon in such cases. Therefore, impeachment can serve as a precursor to criminal proceedings, holding government officials accountable for violations of the law and abuses of power.
In summary, the relationship between impeachment and criminal law is complex, with impeachment being a political process that can lead to further legal consequences. The interpretation of "high crimes and misdemeanors" remains a subject of debate, shaping the understanding of the constitutional requirements for impeachment.
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The constitutionality of holding impeachment trials after a term in office has ended
The Constitution grants Congress the power to impeach federal officials, and the House of Representatives has initiated impeachment proceedings more than 60 times. The House has "sole Power of Impeachment" and can impeach the president, vice president, and all civil officers of the United States. The Senate has the "sole Power to try all Impeachments" and try the accused. An official can be impeached for treason, bribery, and "other high crimes and misdemeanors."
In the case of Donald Trump's second impeachment trial, the Senate rejected a motion asserting that the trial was unconstitutional by a vote of 55-45, even though it commenced 20 days after Trump's term in office expired. This was a significant constitutional issue, as Trump was the only federal officer to have been impeached more than once.
The permissibility of trying a former official was a major issue in Trump's second impeachment trial. The Constitution does not limit the number of times an individual may be impeached, and impeachment proceedings are remedial rather than punitive in nature. The conviction is not considered a punishment, and the president cannot grant a pardon in cases of impeachment.
During the trial, Trump's attorneys argued that his political statements at the rally were protected by the First Amendment and did not constitute an impeachable offense. They also asserted that an impeachable offense must be a violation of established law, which was not the case with Trump's impeachment. However, the House managers disagreed, stating that the First Amendment does not apply in an impeachment proceeding. They argued that impeachment seeks to protect the nation from a president who violated his oath of office and abused the public trust.
In summary, while there are no explicit constitutional provisions for holding impeachment trials after a term in office has ended, the Senate has the power to try impeachments and determine its own rules for impeachment trial proceedings. The Constitution also does not restrict the number of times an individual can be impeached. Therefore, it can be argued that holding impeachment trials after a term in office has ended is constitutional, as the Senate has the authority to make such decisions and set the rules for impeachment trials.
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The constitutional definition of high crimes and misdemeanors
The impeachment of former US President Donald Trump has brought the issue of what constitutes "high crimes and misdemeanors" to the fore. Trump is the only federal officer to have been impeached more than once, with the second impeachment trial commencing twenty days after his term in office expired.
The US Constitution does not define "high crimes and misdemeanors", but it does limit the grounds of impeachment to "treason, bribery, or other high crimes and misdemeanors". The phrase "high crimes and misdemeanors" was first used by English Parliament in 1386 to describe one of the grounds to impeach officials of the crown. It was later adopted by the US Constitution in Article II, Section 4.
The lack of a clear definition has led to differing interpretations. The House, consistent with past impeachment practice, asserted that "high crimes and misdemeanors" need not be indictable criminal offenses. However, Trump's attorneys argued that an impeachable offense must be a violation of established law, and that the articles failed to allege any crime or legal violation.
Constitutional scholars recommend looking to history to understand the phrase. It has been described as a "term of art", like other constitutional phrases such as "levying war" and "due process". The Supreme Court has held that such phrases must be construed according to what the framers meant when they adopted them.
The original intentions behind the phrase can be understood from the context in which it was proposed. George Mason, who suggested the phrase, wanted to broaden the criteria for impeachment to include "maladministration", or mismanagement and ineffective governance. This was opposed by James Madison, who argued that it would give too much power to the Senate, allowing them to remove the President if they disagreed with a policy.
The phrase "high crimes and misdemeanors" was intended to be a flexible standard, allowing for the removal of public officials who abuse their office. Examples of offenses that have been considered "high crimes and misdemeanors" include misappropriating government funds, appointing unfit subordinates, threatening a grand jury, and inciting lawless action.
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Frequently asked questions
Impeachment is the process of bringing charges against a government official for wrongdoing.
The President, Vice President and all civil officers of the United States can be impeached for treason, bribery or other high crimes and misdemeanors.
The House of Representatives has the sole power of impeachment.
Once an official has been impeached, the Senate must conduct a trial. If found guilty, the official is removed from office and may be disqualified from holding elected office again.
Yes, there is precedent for holding impeachment trials after a term in office has ended.
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